Few practitioners can be unaware of the potential benefits of active participation and possible sanctions for non-engagement in alternative dispute resolution (ADR), and the publication of the report of the Civil Justice Council's Online Dispute Resolution Advisory Group in relation to low-value claims evidences the continued interest in this field.

With spiralling litigation costs, increases in court fees, and constraints on costs recovery accentuated by the costs budgeting process, perhaps the time is right for a paradigm shift to more bespoke and varied fo...

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